Post Re Greenpeace Supreme Court Reflections: Charity Law in the 21st Century in Aotearoa (New Zealand)

Abstract

The focus of this article is on the political purpose doctrine and public benefit within New Zealand charity law, in the light of the much awaited New Zealand Supreme Court decision in Re Greenpeace. This article asserts that the majority decision in Re Greenpeace was merely a reflection of the court’s ability to recognise the applicability of charity law in contemporary circumstances, in a way that responds to societal needs. The article considers the notion of public benefit as it relates to charity law, both prior to, and after Re Greenpeace, and contends that courts may find the public benefit where it is appropriate to do so, and in circumstances where the social framework favours that way of thinking.